The Indian Supreme Court refused on Friday to grant a stay on a recently enacted law regulating the appointment, service terms and duration of office for the Chief Election Commissioner (CEC) and Election Commissioners (ECs). However, a notice has been issued to the central government following a plea from Jaya Thakur, leader of the Indian National Congress, the largest opposition party.
The case questions the constitutionality of Sections 7 and 8 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. Despite the case being accepted for hearing on January 12, the court chose not to grant an immediate stay on the law. Vikas Singh, a Senior Advocate representing Thakur in court, has argued that the Act essentially violates the doctrine of separation of powers.
The new legislation replaces the 1991 Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act. It was given presidential assent on December 25 and was subsequently published in the national gazette, thus becoming law.
According to this Act, a selection committee, comprising the Prime Minister, a Union Cabinet Minister, and the leader of the opposition or the leader of the largest opposition party in the Lok Sabha, recommend candidates for the positions of the CEC and ECs. This is followed even during vacancies in the selection committee. A search committee, led by the Cabinet Secretary, proposes candidates who have held positions equivalent to the secretary to the central government. Notably, the Act has excluded the Chief Justice of India from the selection panel, a change that has become a contention point since its introduction.
The Election Commission of India (EC) is an independent constitutional body supervising electoral processes at national and state levels. It oversees elections for the Lok Sabha, Rajya Sabha, state legislative assemblies, and the positions of the president and vice president. Concerns about the autonomy of the Election Commissioner and perceived favoritism towards the ruling government have been raised. Yet, the CEC of India, Rajiv Kumar, in a press conference related to elections in Andhra Pradesh, emphasized the commission’s commitment to conducting elections in a transparent manner, without any inducements.